William R. Day,
United States v. Martinez (195 U.S. 469…
“ But the 5th section provides for judgment in favor of claimant, and against the United States, in any event where the property of a citizen has been destroyed under the circumstances provided in the statute, but only against the tribe of Indians committing the wrong 'when such can be identified;' and of course it follows that, if they cannot be identified, no judgment can go against them. ”
